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2021-069
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2021-069
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Amounts unpaid 30 days after the invoice shall bear interest at 1.5% per month. If payments due <br />the Architect are not received within 45 days of the date of invoice, the Owner agrees to assume <br />responsibility for the cost of any required collection services, including Architect's time. <br />Attorney's fees, legal fees and court costs. The Architect and his Consultants shall not be <br />required to perform any further work on the project and shall not be held liable for any <br />subsequent associated delays or losses of any kind until outstanding amounts are fully satisfied <br />or legally adjudicated. <br />H. General <br />1) As an instrument of service, all original documents remain the property of the <br />Architect and may not be reproduced in any form or modified fashion, without the written <br />consent of the Architect. <br />2) The Architect shall invoice every two weeks. Invoices will be based on completed <br />work for the services defined in Article E plus any additional services and <br />reimbursable expenses accumulated during that period. Note: Architect's <br />Reimbursable Expenses are listed in Article F of this agreement. <br />3) If payments due the Architect are not received within 45 days of the date on the invoice, the <br />Owner agrees to assume responsibility for the cost of all required collection services, legal <br />fees, mediation or court costs, incurred in the interest of collecting these fees. <br />4) In the event of any delinquent or disputed invoices, the Owner agrees that the Architect <br />and his Professional Consultants may cease all ongoing efforts on the project until the <br />outstanding invoice is paid or legally adjudicated. <br />5) Disputes regarding this agreement shall be settled in the following order of precedence: <br />Party to Party, Mediation, and Legal Adjudication. This agreement can be terminated by <br />either party with (7) seven calendar days written notice. The Architect and his <br />subcontractors shall be compensated for all work completed up to the date of termination <br />notice, including any reimbursable expenses incurred to the date. <br />6) The Architect shall be compensated 6% as a fee for the cost of Additive Change Orders <br />generated by the Owner during the Construction Phase. There shall be no deduction of the <br />Architect's fee on Deductive Change Orders if the item(s) were originally designed into <br />the project and approved by the Owner or contracted for construction by the General <br />Contractor. <br />7) The Architect shall provide architectural services for the Project as described in this <br />Agreement in a manner consistent with locally accepted standards for professional skill <br />and care. <br />8) EDB maintains Professional Liability insurance. In recognition of the relative risks, <br />rewards and benefits of the Project to both the Owner and EDB, the risks have been <br />allocated such that the Owner agrees, to the fullest extent permitted by law, to limit the <br />
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